KUNAR, Afghanistan – The Kunar provincial courthouse was the scene for a public corruption trial Tuesday where two men were accused of embezzling food from the government.
Habib ullah Jangay, Khas Kunar chief of police, was charged with misuse of his position, and Shams urhman Momand, a logistics officer, was charged with corruption.
The two men were accused of skimming food which was to be delivered to police officers as part of a government contract. They were accused of taking the food home for their own use and selling the excess.
Despite several outbursts during the trial, Qazi Muheebullah, city court chief, was able to keep order in the court. He stated the importance of holding the trial publicly to promote transparency in the judicial process.
The defense for two men made several arguments, and publicly denied documents presented by the prosecutor; these documents were signed complaints from several witnesses who said the two had been carrying out the corruption for more than six months.
Habib ullah Jangay stated his accomplishments as police chief and claimed to have no knowledge of the investigation.
“When the delegation came to Khas Kunar for the investigation of the case, I was on vacation,” he said. “I don't know anything about this case and have never been tried for stealing in the past.”
The second man, Shams urhman Momand, stated that the chief of police had ordered him to take the food, claiming an Afghan judicial code dictated he follow orders.
“The police chief was ordering me to sell 13 kilos of meat at the bazaar; I gave written and oral complaints to the Khas Kunar NDS department,” he said.
While his defense attorney, Toryali Moqanan, argued that under Article 3078, government officials can’t be punished for following orders; Judge Muheebullah struck down that argument, stating the code only applies during actions on the battlefield, not in regards to purchases.
After considering all of the evidence against both men, the three-judge panel returned with the decision that according to Criminal Law Article 268, Clause 2, Shams urhman should be punished with a 61-month imprisonment, and according to law article 273, he should pay 346,500 afghani to the government. According to Police Law Article 42, Jangay should be sentenced to only one year imprisonment.
When asked about the judgment, several spectators in the crowd, who wished to remain anonymous stated, “This is a lesson for government officials, and if the courts continue such trials, the crime level will be reduced soon.”
